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05-28-2002 CC MIN-FLEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 28, 2002 Members Present: Mayor ICdinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Street/Park Superintendent Phil Hals, Fire Chief Bruce West, City Engineer Terry Maurer, City Attorney Peter Beck, and Recording Secretary Tina Allard, 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider 5/28/2002 Agenda City Eng/neer Terry Maurer requested to add Item 4.2.A. Consider Resolution Approving Plans/Specifications and Advertisement for Bids for Zane Avenue Improvements. City Administrator Pat Klaers requested to move Item 3.4 to Item 4.0 and add to Item 4.0 Accept Resignation of Dawnette Sayler and Authorization to Hire Part Time Office Assistant. - COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED $-0. 3. Consider Consent Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.2. 3.3. 5/20/02 CITY COUNCIL MINUTES CHECK REGISTER HIRE BIG JON'S CONSTRUCTION COMPANY, INC. TO REPLACE THE FORCE MAIN AT 193e,° AVENUE AND MEADOWVALE ROAD IN THE AMOUNT OF $18,260.00 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 2 May 28, 2002 4.0. Consider H/ring Summer Help for Street Department, Accept Resignation of Dawnette Sayler, and Authorization to Hire Part Time Office Assistant Street/Park Superintendent Phil Hals requested to hire six employees for the summer. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE HIRING OF SIX EMPLOYEES FOR THE SUMMER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. Hals stated that Part Time Office Assistant Dawnette Sayler has taken a position with another company and that applicant Debra Larson applied for this same position when it was open four months ago. He stated that she would be a good candidate for the position. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE HIRING OF DEBRA LARSON AS PART TIME OFFICE ASSISTANT IN THE STREET DEPARTMENT AT PAY GRADE 5, LEVEL 1 AT $10.99 PER HOUR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Discuss T~vin Lakes Road Signal Request Associated with Elk River Station Development Proposal City Engineer Terry Maurer stated that the city envisions Tyler Street to be a major route for moving traffic in the eastern part of town and wants to keep traffic signals to a minimum. He stated that it would set the wrong precedent to allow a signal to be placed on any street for any development because the developer wants the signal. He stated that the proposed Elk River Station Addition may be too dense and that the current proposal does not have enough full access points. Len Pratt, developer for the proposed Elk River Station, stated that his company has done some further traffic analysis for Tyler Street near the Northstar Commuter Park and Ride. He stated that they could reduce the townhomes in Elk River Station by 25 percent and relocate a commercial business to reduce the amount of traffic and then a traffic signal could be avoided on Tyler Street. John Peterson, developer for Elk River Station, stated that if a signal light were installed at the southerly access point to their development then he would be concerned about traffic backing up onto the railroad tracks. However, if the proposed northern access were a full access, then a signal could work well at this location. Mr. Peterson and Mr. Pratt are looking for clkection from Council on how to proceed with a possible signal and the access points for their development. Councilmember Motin questioned the safety of the two access points with drivers trying to cross two lanes of traffic moving in both directions. He asked whether a signal would be a safer alternative. Mr. Maurer stated that the access points would be considered safe without a traffic signal but that there would be delays at busy times throughout the day. Councilmember Tveite stated that Tyler Street is designed to move traffic and shouldn't have any signals. He stated that the signal should be considered in the future if a need is determined. City Council Minutes Page 3 May 28, 2002 Councilmember Kuester stated that a signal should not be at either of these two access points. Councilmember Dietz and Mayor Klinzing agreed with Mr. Maurer's comments and they feel that a signal should not be installed for this project and that the density of this development should be reduced. 4.2. Consider Resolution Approving Plans/Specifications and Advertisement for Bids for the Orono Parkway improvement Project City Engineer Terry Maurer stated that plans and spedficadons for the Orono Parkway improvements, consisting of closing the existing median, creating new medians, and lowering the medians to the top of the curb line, are ready for approval. He stated that he met with Liz Tveite, President of the Sherburne County Fair Board, to discuss new access points for the fairgrounds. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-45 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENTS FOR BIDS IN THE MATTER OF THE ORONO PARKWAY IMPROVEMENT OF 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Administrator Pat Klaers stated that funding for this project would come from the Street Reserves Fund. 4.2.A. Consider Resolution Approving Plans/Specifications and Advertisement for Bids for Zane Avenue Improvements City Engineer Terry Maurer stated that the plans and spedfications are ready for the Zane Street Improvements. He stated that the acquisition of the easement on Dwight Iadrkeide's property should be finalized by Friday, May 31, 2002. Mayor Kdinzing questioned if Mr. Kirkeide is aware that the city is proceeding with the Zane Street improvements. Mr. Maurer stated that Mr. ICirkeide is fully aware of the hearing scheduled for Friday and the eminent domain process to acquire a portion of his property. He stated that if there were any option available to go around Mr. Ki_rkeide's property, the city would have considered it. City Attorney Peter Beck stated that the city has been trying to work out this acquisition with Mr. Kirkeide but that the acquisition will most likely end up in court on Friday, May 31, 2002. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-46 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE ZANE AVENUE STREET AND UTILITY IMPROVEMENT OF 2002. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Consider Adoption of Fi.reworks Ordinance and Resolution Adopting Permit Fees for a Fireworks Permit Fire Chief Bruce West stated that the legislature has passed a bill legalizing the sale and use of fzreworks. He stated that the city has drafted an ordinance regulating the display, sales, City Council Minutes May 28, 2002 storage, and use of f~reworks in Elk River. He reviewed the proposed ordinance and resolution with Council. Page 4 Mayor Klinzing requested that the term juveniles be changed to "Any person under age 18..." Councilmember Motrin requested that section 209.08, number 9 and 10 include language stating, "...displays and/or storage shah be limited to..." City Administrator Pat Klaers stated that this new ordinance would be publicized on June 5. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-08 SECTION 209, WITH THE ABOVE MENTIONED CHANGES, ENTITLED "FIREWORKS," REGULATING THE DISPLAY, SALES, STORAGE, AND USE OF CONSUMER FIREWORKS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-47 ADOPTING PERMIT FEES FOR A FIREWORKS PERMIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Consider Snowplowing Policy Change City Administrator Pat Klaers stated that he met with street department employees to discuss concerns over wage and benefits and that the most significant issue that arose related to the "hours worked" personnel policy change made in December of 1999. The main issue is that vacation and sick hours no longer counted towards "hours worked" for the purposes of overtime. He stated that the street department employees want this policy changed back to the status of all hours worked, regardless if vacation time, holiday time, or sick time is taken, be counted as hours worked for the purpose of overtime. Mr. Klaers stated that the policy was changed to be more consistent with federal law. Other issues mentioned by the street department include the number of steps in the pay plan and starting pay. He stated that the department requested an appeal process if their requests are denied at the staff level. Councilmember Dietz stated that the street department has recently received increases in insurance contributions and pay grade changes. He said he would support the recommendation that Saturdays and Sundays be paid at overtime rates but that the other changes requested by the employees should remain the same. Councilmember Tveite questioned if the street department would view this compromise of overtime pay on Saturdays and Sundays as a positive or negative in terms of support from Council. Street/Park Superintendent Phil Hals stated that it wouldn't be everything the street department employees are requesting but would be viewed as a positive step in the right dizection. MAYOR KLINZING MOVED TO APPROVE THAT ALL EMPLOYEES WORKING ON SNOW REMOVAL DUTIES ON SATURDAYS AND SUNDAYS BE PAID OVERTIME RATES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes May 28, 2002 Page 5 4.5. 4.6. Discuss Annual Report Meeting City. Administrator Pat K/aers discussed the current annual report format. He asked for Council feedback on the format for next year's report. Councilmember Dietz suggested that there be more involvement with department heads, such as having them present their own goals and either the Administrator or the department head presenting their report. He suggested having a question and answer session after each grouping of departments by services was presented rather than at the end of all the reports. Mayor Klinzing suggested that a set timeframe (2 hours) continue for future presentations. Mayor Klinzing and Councilmember Dietz liked the idea of a video on general city projects (and not so much day-to-day activities) but also wanted the video in segments by services. Generally the Council felt the presentation should highlight upcoming activities more than the projects from the past year. Review Council Meeting Schedule City Administrator Pat Klaers discussed the Council schedule for the summer. He questioned whether the city should do a direct ma/ling to Chamber of Commerce members regarding the MnDOT presentations for Highways 10 and 169. The Council agreed that a direct mailing was not needed, as the Chamber would have an article in their newsletter and there may be an article in the Elk River Star Netvs. The meetings will also be advertised on ERtV 12 and on the McPherson Report. The Council agreed to the August 12 budget worksession. Discussion was held regarding fees and policies for the Lions Park Center and the upcoming meeting with the Lions Club. Councilmember Motin felt that service organizations should be charged a fee. Councilmember Dietz stated that everyone should have to pay to use the Center. He stated that the city needs to cover costs for operations of the Center. Mayor I~linzing stated that the banks around the pond in Lions Park are deteriorating. She is concerned about the safety of children on the banks of the pond. Open Mike There was no one present for open mike. Other Business Discussion was held regarding the scheduling and maintenance of fields owned by the school district. It was the consensus of Council that the school should maintain the school fields. City Council Minutes May 28, 2002 7. Staff Updates Page 6 City Attorney Peter Beck stated that the Cargill matter is officially closed. Adjournment There being no further business, Mayor ICtinzing adjourned the meeting of the Elk River City Council at 8:20 p.m. Tina Allard Recording Secretary